PECULIARITIES OF PERFORMANCE OF OBLIGATIONS THE CONTRACT OF LIFELONG MAINTENANCE (CARE) WITH THE PLURALITY OF PERSONS AS AN IMPORTANT COMPONENT OF RELATIONS IN CIVIL SOCIETY

Abstract

The article examines the analysis of case law, examines the improper fulfillment of lifelong maintenance (care) obligations with a plurality of persons, which led to the violation of personal non-property rights, as well as property rights of a third party. It is established that in Art. 746 of the Civil Code of Ukraine establishes requirements for the alienator (an individual regardless of age and state of health) and the acquirer (adult able-bodied individual or legal entity), and therefore only to some extent settled certain issues of plurality of persons on the side of the acquirer. It was found that if the acquirers are several individuals, they become co-owners of the property transferred to them under the contract of life maintenance (care), on the right of joint joint ownership, and their obligation to the alienator is joint and several. It is proved that the violation of the subjective rights of a third party under the contract of life maintenance (care) arose on the basis of improper settlement of private law relations in the Central Committee of Ukraine and the contract in particular. It is proposed in modern conditions of European integration processes of civil society development and when updating the norms of the Central Committee of Ukraine to make legislative changes to limit the rights of the purchaser to sell, donate, change property transferred under a contract of life maintenance (care) in the presence of a third party.